The Divorce Act Changes Explained

Contact Orders

Variation of parenting order
(Section 16.5(9), Divorce Act)

New section

Variation of parenting order

(9) If a parenting order in respect of the child has already been made, the court may make an order varying the parenting order to take into account a contact order it makes under this section, and subsections 17(3) and (11) apply as a consequence with any necessary modifications.

Old section

None.

What is the change

When a court makes a contact order after a parenting order, it can vary the parenting order to take into account the contact order. In these cases, ss 17(3) and 17(11), which relate to variation of parenting and contact orders, would apply.

Reason for the change

When a contact order is made after a parenting order, it may be necessary to change the parenting order. Under s 17(3), a court can include any provision in the new parenting order that it would otherwise have been able to include in the original parenting order. Under s 17(11), a copy of the new parenting order must be sent to the court that made the previous parenting order.

When

March 1, 2021.